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TURNER v. SINGLETARY

No. 91-3624.

623 So.2d 537 (1993)

Sherrill TURNER, Appellant, v. Harry K. SINGLETARY, Secretary, Department of Corrections, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 29, 1993.

Attorney(s) appearing for the Case

Sherrill Turner, pro se.

Judy A. Bone, Asst. General Counsel, Dept. of Corrections, Tallahassee, for appellee.

SMITH, Judge.

Appellant challenges the denial of his petition for a writ of mandamus by which he sought to compel the Department of Corrections (DOC) to award incentive gain time based upon his contention that other similarly situated inmates received incentive gain time while he did not. The trial court, after receiving and considering the DOC's response, summarily denied the petition. We reverse and remand for evidentiary hearing with respect to the limited issue...

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